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Patna High CourtCR. MISC./18978/2022allowed

Mukesh Keshari @ Mukesh Kumar Keshari @ Mukesh Prasad @ Mukesh Prasad Keshari v. The State Of Bihar

2022-08-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18978 of 2022 Arising Out of PS. Case No.-765 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Mukesh Keshari @ Mukesh Kumar Keshari @ Mukesh Prasad @ Mukesh Prasad Keshari Son of Ganesh Keshari Resident of Village - Keshapi, Police Station - Dobhi, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21589 of 2022 Arising Out of PS. Case No.-765 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Binod Kumar @ Binod Keshari @ Viond Kumar Son Of Kedar Prasad @ Kedar Prasad Verma R/O Village- Keshapi, P.S.- Dobhi, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 18978 of 2022) For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Ms. Pronoti Singh (In CRIMINAL MISCELLANEOUS No. 21589 of 2022) For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

26.250 liters of foreign liquor and 24 liters of beer

Patna High Court CR. MISC. No.18978 of 2022(2) dt.05-08-2022 2/3 was recovered from a motorcycle and the apprehended accused, Kundan Kumar Verma disclosed the names of the petitioners. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioners and petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application.

Petitioners are ready to deposit a sum of Rs.20,000/- (rupees twenty thousand) each in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. Taking into consideration the fact aforesaid and the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2,

Patna High Court CR. MISC. No.18978 of 2022(2) dt.05-08-2022 3/3 Gaya in connection with Sherghati (Dobhi) P.S. Case No.765 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be own blood relative of the petitioners, preferably, father, mother, brother, sister and/or their wife.

(ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T